[solaris]

A judge ruling in the Eastern Regional High Court, today Friday, will have a major impact on Danes that download music from the Internet. Two women escaped paying the hefty 'compensation' the Danish music industry had demanded.


The ruling will be beneficial for others too, assessed lawyer Per Overbeck. He has advised hundreds of Danes, who since 2003 have received letters of claims from Antipiratgruppen (the Danish legal representatives for IFPI, Europe).


Back in 2006 the two women each received a letter with demands to pay up approximately $30,000 in 'compensation' because their Internet connections had been used to share pirated music. Both had file-sharing software installed on their machines but refused to be intimidated.


The two women were then sent through the whole Danish legal system - with the expectation (seen from Antipiratgruppen's point of view) - that they (i.e. the two women) as holders of the Internet connection(s) ought to have the burden of proof.


In other words: THEY should be the ones proving that they HAD NOT shared music with others.


But the Eastern Regional High Court today made clear in its ruling that no such burden can be imposed upon the women.


"This was an unusually clear and precise ruling. It is the plaintiff, who has the burden of proof. Many who have received letters with claims has been given the impression that they were required to pay. But we have now the court's word that in fact they do not. It is NOT enough to say that you are guilty of piracy by owning a particular Internet access", says Peter Overbeck to Ritzau.


In Piratgruppen, Friday's ruling also aroused enthusiasm. The group advocates the sharing of files online, and spokesman Sebastian Gjerding now invites Antipiratgruppen to drop blackmail-like letters of claim.


Antipiratgruppen and the music industry should send out letters of excuse instead. It is an absurd claim that a person ought to be made responsible for file-sharing just by owning a certain Internet connection. Almost all networks can be attacked and/or abused, says Sebastian Gjerding.


Antipiratgruppen are not, however, planning to send an apology to each of the Danes, who have received these letters of claims. Rather, it will now be a matter for the Supreme Court, says the lawyer Torben Steffensen.


Friday's ruling underlines that an offense had been committed, but the owner(s) of the Internet connection(s) could not be judged and sentenced. It could have been someone else in the household, who had done the illegal downloading - or someone from outside the household leeching on the Internet connection.


"We do not believe that this law is appropriate and we disagree with the Eastern Regional High Court's decision, said Torben Steffensen. There should be a law that protects artists from losing income due to piracy. Therefore we would like to have the Supreme Court dealing with the issue", he stated.


The defense lawyer of the two women, however, very much doubt that the case ends up at the Supreme Court. "First City Court and now the High Court have taken a position, and things can only end by the Supreme Court, if OK'ed by people high in the Danish legal system. I can not imagine that this will occur. The courts have both followed standard law procedure. It is now the plaintiff, who has the burden of proof. If it is not lifted, they (i.e. the music industry) have lost the case", says Per Overbeck.